State of Illinois
92nd General Assembly
Legislation

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92_HB3073

 
                                               LRB9205392DHcs

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Sections 15-101 and 15-113 as follows:

 6        (625 ILCS 5/15-101) (from Ch. 95 1/2, par. 15-101)
 7        Sec.  15-101.  Scope and effect of Chapter 15. (a)  It is
 8    unlawful for any person to drive or move on, upon  or  across
 9    or for the owner to cause or knowingly permit to be driven or
10    moved  on, upon or across any highway any vehicle or vehicles
11    of a size and weight exceeding the limitations stated in this
12    Chapter or otherwise in violation of this  Chapter,  and  the
13    maximum size and weight of vehicles herein specified shall be
14    lawful  throughout  this  State,  and local authorities shall
15    have no power or authority to alter such  limitations  except
16    as express authority may be granted in this Chapter.
17        (b)  The  provisions  of  this  Chapter  governing  size,
18    weight  and  load do not apply to fire apparatus or equipment
19    for snow and ice removal operations owned or operated by  any
20    governmental  body, or to implements of husbandry temporarily
21    operated or towed in a combination upon  a  highway  provided
22    such combination does not consist of more than 3 vehicles or,
23    in the case of hauling fresh, perishable fruits or vegetables
24    from  farm  to the point of first processing, not more than 3
25    wagons being towed by an implement  of  husbandry,  or  to  a
26    vehicle  operated  under the terms of a special permit issued
27    hereunder.
28        (c)  The provisions of this Chapter limit  the  authority
29    of home rule units to adopt truck regulations or assess fines
30    that  are  not  identical in substance with the provisions of
31    this Chapter, except as express authority may be  granted  in
 
                            -2-                LRB9205392DHcs
 1    this  Chapter.  This Section is a limitation under subsection
 2    (i) of Section 6 of Article VII of the Illinois  Constitution
 3    on  the  concurrent exercise by home rule units of powers and
 4    functions exercised by the State.
 5    (Source: P.A. 83-831.)

 6        (625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
 7        Sec. 15-113. Violations; Penalties.
 8        (a)  Whenever any vehicle is operated in violation of the
 9    provisions of Section 15-111 or  subsection  (d)  of  Section
10    3-401,  the  owner  or driver of such vehicle shall be deemed
11    guilty of such violation and either the owner or  the  driver
12    of  such  vehicle  may  be prosecuted for such violation. Any
13    driver or owner of a vehicle with multiple violations of  the
14    provisions  of  Section 15-111 shall not be charged or issued
15    multiple citations for Section 15-111.  A single charge under
16    the  provisions  of  Section  15-111  does  not  prohibit  an
17    additional charge under the provisions of subsection  (d)  of
18    Section  3-401. Any person charged with a violation of any of
19    these provisions who pleads not guilty shall  be  present  in
20    court  for  the  trial  on  the  charge.  Any person, firm or
21    corporation convicted of  any  violation  of  Section  15-111
22    including,  but not limited to, a maximum axle or gross limit
23    specified on a regulatory  sign  posted  in  accordance  with
24    paragraph  (g)  or  (h)  of  Section  15-111,  shall be fined
25    according to the following schedule:
26    Up to and including        2000 pounds
27                               overweight =  $50
28    from 2001 through          2500 pounds
29                               overweight =  the fine is $135
30    from 2501 through          3000 pounds
31                               overweight =  the fine is $165
32    from 3001 through          3500 pounds
33                               overweight =  the fine is $260
 
                            -3-                LRB9205392DHcs
 1    from 3501 through          4000 pounds
 2                               overweight =  the fine is $300
 3    from 4001 through          4500 pounds
 4                               overweight =  the fine is $425
 5    from 4501 through          5000 pounds
 6                               overweight =  the fine is $475
 7    from 5001 or more pounds   overweight =  the fine shall be
 8                                             computed by
 9                                             assessing $750 for
10                                             the first 5000
11                                             pounds overweight
12                                             and $75 for each
13                                             additional increment
14                                             of 500 pounds
15                                             overweight or
16                                             fraction thereof.
17        In addition any person, firm or corporation convicted  of
18    4  or  more  violations of Section 15-111 within any 12 month
19    period shall be fined an additional amount of $2500  for  the
20    fourth  and  each  subsequent  conviction within the 12 month
21    period. Provided, however, that with  regard  to  a  firm  or
22    corporation,  a  fourth or subsequent conviction shall mean a
23    fourth or  subsequent  conviction  attributable  to  any  one
24    employee-driver.
25        (b)  Whenever any vehicle is operated in violation of the
26    provisions of Sections 15-102, 15-103 or 15-107, the owner or
27    driver  of  such  vehicle  shall  be  deemed  guilty  of such
28    violation and either may be prosecuted  for  such  violation.
29    Any person, firm or corporation convicted of any violation of
30    Sections  15-102,  15-103  or  15-107  shall be fined for the
31    first or second conviction an amount equal to not  less  than
32    $50  nor  more  than  $500,  and for the third and subsequent
33    convictions by the same person, firm or corporation within  a
34    period  of  one year after the date of the first offense, not
 
                            -4-                LRB9205392DHcs
 1    less than $500 nor more than $1,000.
 2    (Source: P.A.  88-476;  89-117,  eff.  7-7-95;  89-245,  eff.
 3    1-1-96.)

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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